Leigh Gill f.k.a. Tammy L. Gill - Page 10




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          files a petition alleging some error in the determination of the            
          penalty, the taxpayer’s challenge generally will succeed unless             
          the Commissioner produces evidence that the penalty is                      
          appropriate.  Swain v. Commissioner, supra at ___ (slip op. at              
          12).  The Commissioner, however, does not have the obligation to            
          introduce evidence regarding reasonable cause or substantial                
          authority.  Higbee v. Commissioner, supra at 446-447.                       
               Respondent submitted, and the Court received as evidence,              
          petitioner’s 1997 tax return, Forms W-2 and 1099 issued to                  
          petitioner, and several documents petitioner submitted to the               
          IRS.  Furthermore, as noted supra, petitioner is deemed to have             
          admitted certain facts.  On the basis of the evidence, we find              
          that petitioner had a substantial understatement of income tax.7            
          Petitioner did not present any evidence indicating reasonable               
          cause or substantial authority.  Id.  Accordingly, on this issue,           
          we sustain respondent’s determination.                                      
               C.   Conclusion                                                        
               We have sustained all of respondent's determinations.                  
          Therefore, we shall enter a decision for respondent.                        
          III. Section 6673(a)(1)                                                     
               Section 6673(a) authorizes this Court to penalize up to                



               7  Petitioner was required to show $8,339 of tax on her 1997           
          return; however, she reported zero.  Petitioner’s understatement            
          exceeds both 10 percent of the tax required to be shown on her              
          return ($834) and $5,000.                                                   





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